Professional Documents
Culture Documents
013-2005
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WHEREAS, also pursuant to Section 53 (b) of the IRR-A, where in the cases
mentioned therein, the procuring entity may resort, among others, to negotiated procurement,
either through (1) short-listing of at least three (3) bidders that will be invited to submit bids
per Section 54.2 (b) of the IRR-A, or (2) direct negotiations per Section 54.2 (d) of the IRRA;
WHEREAS, Section 54.2 (d) the said IRR-A provides that for item (b) of Section 53 of
RA 9184 and its IRR-A, the negotiation shall be made with a previous supplier, contractor or
consultant of good standing of the procuring entity concerned, or a supplier, contractor or
consultant of good standing situated within the vicinity where the calamity or emergency
occurred;
WHEREAS, in order to clarify and further provide details for the application of
Negotiated Procurement under Section 54.2 (d) of the IRR-A of RA 9184, it is essential that
guidelines therefore be promulgated by the GPPB;
Sgd.
_____________________________________
ROMULO L. NERI
Secretary
Department of Budget and Management
_____________________________________
AUGUSTO B. SANTOS
Director General
National Economic and Development
Authority
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NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY
Sgd.
_____________________________________
DEPARTMENT OF NATIONAL
DEFENSE
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Sgd.
_____________________________________
DEPARTMENT OF EDUCATION
Sgd.
_____________________________________
DEPARTMENT OF HEALTH
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DEPARTMENT OF INTERIOR AND
LOCAL GOVERNMENT
Sgd.
_____________________________________
DEPARTMENT OF ENERGY
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DEPARTMENT OF PUBLIC WORKS
AND HIGHWAYS
Sgd.
_____________________________________
DEPARTMENT OF FINANCE
Sgd.
_____________________________________
DEPARTMENT OF TRADE AND
INDUSTRY
Sgd.
_____________________________________
DEPARTMENT OF SCIENCE AND
TECHNOLOGY
Sgd.
_____________________________________
DEPARTMENT OF TRANSPORTATION
AND COMMUNICATIONS
Sgd.
_____________________________________
PRIVATE SECTOR REPRESENTATIVE
Attested by:
Sgd.
____________________________________
JOSE MARTIN C. SYQUIA
Board Secretary, GPPB
Executive Director, GPPB-TSO
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Annex A
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1.0
2.0
Definition of Terms
For purposes of these guidelines, the following terms shall be defined as
follows:
2.1
2.2
2.3
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Annex A
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2.4
Job-Contractor. Refers to a person or entity who carries out, under his own
responsibility, supervision and control, the performance or completion of a
specific job, service or work which has been farmed out by another for the
latters benefit.
2.5
2.6
2.7
2.8
2.9
2.10
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Annex A
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3.0
Conditions and Requirements for the use of the Negotiated Procurement under
Sec. 54.2 (d) of the IRR-A of RA 9184
3.1
3.2
3.3
The Head of the Government Agency or the Local Chief Executive shall
determine or confirm and certify that the two (2) conditions mentioned in Item
3.1 (a) and (b) above exists and that there is insufficient time to complete the
procedures for public bidding or that commencing the same proves less
convenient or inefficient, and therefore, the use of Negotiated Procurement
under Section 54.2 (d) of the IRR-A of R.A. 9184 is justified.
3.4
The procuring entity shall negotiate with a contractor selected from its registry
of bona fide contractors licensed with the Philippine Contractors Accreditation
Board (PCAB) that has satisfactorily completed a contract of the same nature
with the agency. However, when the procuring entity does not maintain such
registry or has not in the past undertaken any infrastructure project, the
procuring entity may negotiate with any bona fide contractor licensed with the
PCAB, located within the vicinity where the calamity or emergency occurred
that has satisfactorily completed similar infrastructure contract(s) with any
government agency or instrumentality otherwise defined as Procuring Entity
under RA 9184.
3.5
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Annex A
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4.0
4.2
4.3
The head of the implementing agency shall, before commencing any works
under this concept, certify as to the compliance of the implementing agency
with the conditions abovementioned.
4.4
4.5
4.6
4.7
4.8
the
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Annex A
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5.1
Pakyaw labor shall be drawn from the vicinity of the project, or Pakyaw labor
groups belong to various Barangay Associations contiguous to the project site.
Unskilled labor should be drawn from the Barangay where the project is
located; semi-skilled labor shall be recruited within the municipality,
preferably within the Barangay; skilled labor shall be recruited within the
province but preferably within the Barangay/Municipality.
5.2
5.3
The Pakyaw workers should be formed into groups of workers based on the
lump sum works. In case of competitive selection, pakyaw groups which were
not selected for a particular lump sum work may choose to compete for other
works requiring pakyaw groups.
5.4
Where there is competition for the award of Pakyaw works, the pakyaw labor
contract shall be awarded through competitive selection with at least three (3)
Pakyaw Groups participating. There is deemed to be a competition for the
award of pakyaw contracts when the number of laborers who registered during
the community meeting is more than what is reasonably needed for the lump
sum work required under the project. The competitive selection shall be done
on a per-output basis. And the winner(s) shall be determined based on what
group(s) undertake(s) to deliver the desired output at the lowest rate, either per
item of output or per lump sum work, within the required period.
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Annex A
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6.0
5.5
For purposes of Item 5.4 hereof, the number of members per group shall be
determined by the Project Facilitator to ensure that at least three Pakyaw
Groups are organized for the competitive selection. The determination by the
Project Facilitator of the number of members per Pakyaw Group shall be
exercised with regard to the objective of providing work to as many laborers
as possible.
5.6
A Group Leader shall be elected from among the members of the group who
shall be the signatory to the Pakyaw Contract and any other documents
pertaining to the work on behalf of the Pakyaw Group. He may be replaced at
any time by the group through an election for that purpose, after due notice to
the Project Facilitator and the Barangay Chairperson. Any such replacement
shall not invalidate any previous Pakyaw Contract.
5.7
5.8
The amount of a pakyaw labor contract per project shall not exceed Five
Hundred Thousand Pesos (P500,000.00) per pakyaw group.
Repealing Clause
This set of guidelines repeals GPPB Resolution 08-2004 confirming, adopting and
approving the Guidelines for the Implementation of Projects Undertaken By
Administration or Force Account.
7.0
Effectivity
These Guidelines or any amendments hereto shall take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general nationwide circulation
and upon filing with the University of the Philippines Law Center of three (3)
certified copies of these guidelines.
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